The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-04
A FEARLESS AND UPRIGHT CHARGE.

Judge Woods, of the United States District
Court, opens up new lead in the tally sheet
forgery cases. His charge to the grand jury,
Yesterday was in the nature of revelation,
disclosing new phases of law and throwing
flood of light on controverted points. 1t was
a great charge, and without wishing to be Of
fensively personal, we may add that 1t places
Judge Woods in the front rank of great law
yers. We dare say that in the entire range OF
federal jurisprudence there has been no ADLER
exposition or more thorough analysis OF the
United States election law. Perhaps lay read
ers and the general public will appreciate most
highly the judicial courage and high sense of
duty that led Judge Woods to take the ques-
ton up again and to assert so strongly the
cause of justice, but lawyers will admire,
also, the comprehensive grasp with which
he seizes the points in the case,
and the resistless logic by which he
enforces his conclusions. To the public the
Importance and value of the charge lie in the
fact that Just at the moment when the perpe-
traitors of the fraud are congratulating them
selves that they have defeated, or at the least
delayed justice, this new exposition of the
law shows how completely surrounded and
enmeshed they are by its penal provisions.
Judge Woods shows conclusively that, though
they escaped on technicality in the former
proceeding in his court, the provisions OF the
law are still ample to bring them to trial In
the former proceeding they escaped by appeal
to the Circuit Court, which decided that the
federal court had not jurisdiction of the specific
offense charged. 1t is now shown that ser
les of other offenses clearly defined by the
law, were committed of which the federal
court has undoubted jurisdiction. These
offenses consisted in violating various provis-
ions of tie law relative to the duties of election
officers, every violation involving separate
penalty on all concerned or aiding in it. The
provisions of the law to which Judge Woods
sanctity of the certificates and tally papers.
He shows that in permitting these papers to
be taken from their lawful custody before
they were returned to the board of canvassers,
u
nived at such removal, and all others con-
cerned in it, were guilty of a criminal ofense.
This. greatly enlarges the scope of the law,
and takes in other acts and other persons be-
sides those embraced in the first proceeding.
Judge Woods makes the law and the duty of
the grand jury so plain that we do not see how
they can fail to find indictments against each
and every person concerned in the removal of
any of the election records from their lawful
custody, whet Their directly concerned in the for
gerry or not The crime which it is now proposed
to investigate is the removal of the records in
an unlawful way and for unlawful purposes.
The language of the law is comprehensive
enough to take in all concerned in this trans
action, and there is abundant evidence to
locate the guilt. The concluding part Of
Judge Woods charge, in which he refers TO
the political aspect of the case, is admirably
put. He reminds the jury that because a
crime is committed in the name of politics is
no reason why it should be investigated in a
partisan spirit, and that it would be outra-
geous to suppose that the honest members of
any party would defend crimes committed by
rascals and in the interest of rascals.